D.C. v. Heller

District of Columbia v. Heller was the most significant gun control case in the United States in about 70 years.[1] Oral argument before the U.S. Supreme Court took place on March 18, 2008. Chief Justice John Roberts took the unusual step of authorizing an early release of the audio recording of argument to the public.[2]

In March 2007, the Court of Appeals for the D.C. Circuit invalidated a 31-year-old gun control statute in the District of Columbia based on an interpretation that the Second Amendment protects an individual right to own firearms, by declaring that "the right in question is individual" and not, as gun control proponents claim, a collective right limited to membership in a state militia.[3] The D.C. statute had completely prohibited residents of the District of Columbia from possessing firearms in a manner compatible with self defense. The Court, in striking it down, relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias."[4]

That appellate struck down the 31-year-old statute in D.C. as unconstitutional. Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007). The Court cited how the D.C. gun control prohibited ownership of handguns for self-defense even within one’s home, and the panel of judges relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias." [4]

Whether the following provisions—D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02—violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes.

Contents

Background

Multiple plaintiffs had originally sued the city, but the Court of Appeals dismissed all of them except Dick Anthony Heller, who was the only one who had actually (unsuccessfully) tried to get a permit to own a handgun. Hellard, a security guard, had received a special permit to wear a gun at work; however, he was not allowed to keep one at home.

Surprisingly to many (including the NRA, who had shied away from the case as a potential setback[6]), the Court of Appeals ruled in favor of Hellard. The District of Columbia promptly appealed to the Supreme Court.

Far more conservative than liberal amicus curiae briefs were filed in this action.[7] One of the conservative briefs is devoted entirely to point out errors in submissions by the pro-gun control side.[8]

Arguments

Two liberal medical/health organizations filed amici briefs arguing that medicine or health supports gun control. The American Public Health Association led one such brief, in which it argued that:[13]

Firearms have a profound effect on the public's health in the United States. In 2004 (the latest year for which complete data are available), there were 29,569 firearm-related deaths in the United States, including homicides, suicides, and accidental deaths. Ctrs. for Disease Control & Prevention, Web-Based Injury Statistics Query and Reporting System (WISQARS) Injury Mortality Reports, 1999-2004 (July 2007), http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html. In addition, there were more than 70,000 non-fatal shootings serious enough to require a hospital visit in the U.S. in 2006. There were also an estimated 477,040 victims of non-fatal violent crimes committed with a firearm in 2005. Ctrs. for Disease Control & Prevention, Web-Based Injury Statistics Query and Reporting System (WISQARS) Nonfatal Injury Reports (Sept. 2007), http://webappa.cdc.gov/sasweb/ncipc/nfirates2001.html; Bureau of Justice Statistics, Firearms and Crime Statistics (Mar. 2007), http://www.ojp.usdoj.gov/bjs/guns.htm. The total societal cost of this firearm related violence has been estimated at $100 billion per year. Philip J. Cook & Jens Ludwig, Gun Violence: The Real Costs 117 (Oxford Univ. Press 2000).

Scientific evidence is the starting point for the public health approach to problems like gun violence. “The scientific core of public health is epidemiology, which identifies the risk factors, trends, and causes of health problems.” David Hemenway, Private Guns, Public Health 9 (2004). Because gun violence is a major public health problem that needs to be addressed through a variety of actions, including legislation and regulation, amici respectfully submit the following information to aid the Court’s analysis of this controversial issue. ...

The studies detailed below show that the risk of suicide, homicide, and accidental gun death is greater in homes with guns, and in communities with a higher prevalence of guns. Numerous studies indicate that people who have guns in their homes are at a substantially increased risk of suicide. Similarly, the presence of a gun at home increases the risk of homicide for the occupants of that home. And handguns, in particular, are responsible for the majority of all firearm homicides and suicides. Ultimately, the evidence below shows that a substantial number of murders, suicides, and unintentional firearm deaths may be prevented by the statutes challenged in this case.

The brief by the American Academy of Pediatrics (AAP) is more strident: "Consistent with the responsibilities of municipal government confronted with a public health crisis among its most vulnerable, the District of Columbia enacted narrow legislation to staunch the contagion."[14] The AAP devotes one of its argument headings to its claim that "children cannot be taught gun safety."[14]

Ruling

On June 26th, the Court ruled in favor of Heller, finding that the District of Columbia's gun laws violated the Second Amendment, which protects an individual right to keep and bear arms. Justice Antonin Scalia wrote the 5-4 majority opinion. The dissenters agreed that the Second Amendment protects an individual right, but argued that D.C. could ban handguns anyway.